Hugo Grotius's On The Law Of War And Peace

Hugo Grotius’s text On the law of war and peace published in 1625, is considered to be the first systematic treatise on international law. It remains a great achievement in the history of modern civilization and set the foundations of modern international law.

The text consists three books, each book examines the factors of war, such as the law and the general rights of war. Grotius had mentioned in the text that he was concerned morally and philosophically with the problem of war. In addition, he had identified various principles of law that might offer a peaceful basis for regulating and preventing wars. Furthermore, he was not a utopianist who was against all kinds of war, he argued that war should be limited and regulated. As he mentioned

In addition, Grotius sought to achieve his practical objective to minimize bloodshed in wars by constructing a general theory of law, which would restrain and regulate war between various independent powers as well as states.

The Prolegomena consists of Grotius’ retain for the philosophical foundations of his thought. He suggests that man is perfectible but not perfect. In addition, at the introduction of the text, Grotius depicts the existence of a natural appetite for society. Grotius compares this to the selfless and altruistic attitude of benevolence and care illustrated by animals for their young or towards other animals within their species. Furthermore, in book one, Grotius starts by questioning whether it is ever appropriate to initiate war. If it is appropriate to commence war, then, the complication becomes that of determining which situation exist to differentiate between lawful and unlawful warfare. Grotius suggests that war is not only adaptable and occasionally compelled by three major types of law: natural law, the law of nations and dive law. Also, he suggested that there are various

Grotius also supported that natural law was the most critical part to regulate and restrain wars in Europe. In addition, it must be independent of religion, which must be applied to all individuals despite their religion. The intention of administering and controlling war could not be attained by secular law alone, Grotius then mentioned various elements of Christianity. Grotius has constantly been quoted to “secularize” law or natural law, however, the secularization of law was not categorical, but it was hypothetical. Moreover, Grotius adopts a multilayered structure of